This is a new Strategy based on a new Act, but there are
existing policies that deliver some aspects of what the
Strategy will cover.

Screening

Policy Aim

We are working in partnership with criminal justice agencies and
support organisations to make Scotland a more hostile environment
for trafficking and exploitation and to ensure that victims are
given the support and assistance they need. The Human Trafficking
and Exploitation (Scotland) Act 2015 ('the 2015 Act') includes
provisions that require Scottish Ministers to prepare a trafficking
and exploitation strategy, which sets out such actions,
arrangements and outcomes as the Scottish Ministers consider
appropriate in relation to the conduct which constitutes an offence
under the Act.

The Strategy may set out:

Actions to raise awareness of trafficking and
exploitation

Arrangements to facilitate the detection and prevention of
trafficking and exploitation

Support and assistance to be available to victims of
trafficking and exploitation.

The Strategy to which this
EQIA
applies has been developed in partnership with stakeholders such as
local authorities, Police Scotland, the Crown Office and Procurator
Fiscal Service and the
NHS and was
published on 30 May 2017

The purpose of the Strategy is to bring together and build on
the work done by Scottish Government and partners, with an overall
vision of eliminating human trafficking and exploitation

Who will it affect?

The Strategy will affect victims and potential victims of
trafficking and exploitation, both adults and children. It will
also affect various bodies that provide support to victims of
trafficking or which investigate and prosecute offenders, including
those mentioned above.

What might prevent the desired outcomes being
achieved?

The desired outcomes of the Strategy are that victims are
identified and supported to safety and recovery; that perpetrators
are identified and their activity is disrupted; and that we address
the conditions that foster trafficking.

These outcomes might be prevented from being achieved through
lack of resources, both human resources and financial
resources.

The complex and international nature of the problem is difficult
to combat.

Annex C of the publication above sets out that 150 people who
were referred to the
NRM were
first encountered in Scotland in calendar year 2016. The 150
referrals were comprised of 75 females and 75 males; 103 adults (54
female and 49 male) and 47 minors (21 female and 26 male).

Reports from organisations currently providing support to adult
victims through grant funding from Scottish Government also provide
information. These reports cover financial years and for
2016-17

Migrant Help provided support to 129 adults (92 males 37
females)

CSG -
TARA
provided support to 72 adult females.

Scotland has introduced a specific category of trafficking as an
indicator of concern within the child protection system in order to
better understand the number of children who are at significant
risk of or who have been subject to trafficking. As this has only
been recently introduced, no useable statistical data is available
yet.

Scottish Guardianship Service worked 1:1 with 78 new children in
2016 and provided less comprehensive support to the 31 children
moved to Scotland through s67 Immigration Act 2016. Currently 40%
of all the children in the service have indicators of human
trafficking

Extent/Level of
EQIA
required

We are aware that there are adult victims of trafficking who are
not referred to the
NRM for a
variety of reasons and the 2015 Act makes provision to seek to
capture this data in order to get a more complete picture of human
trafficking in Scotland.

There is also scope within the Strategy for partners to look
more broadly at how data is collected.

This
EQIA has
been shared with stakeholders for their comments as part of the
process to develop the Strategy.

Stage 2: Data and evidence gathering, involvement and
consultation

Include here the results of your evidence gathering (including
framing exercise), including qualitative and quantitative data and
the source of that information, whether national statistics,
surveys or consultations with relevant equality groups.

Child is under 18. Some will be age disputed so not
clear how these are recorded in the
NRM
statistics

Not all adult victims of human trafficking consent to
enter the
NRM
so there are varied views as to the reliability of the
figures.

While all children should be referred into the
NRM,
inconsistent practice at local level means this is not
always the case.

NRM
statistics are unclear as to what the main categories of
exploitation to which children are most vulnerable, with
most being recorded as 'unknown'. This is probably related
to the point above.

In addition it may be that old age as well as being a
child can make a person more susceptible to being a victim
of trafficking.

In terms of children, in 2016, there were 47 children
referred in to the national referral mechanism as potential
survivors of trafficking. 42 of these were from outside the
EEA.

NRM
2015 Stats.

We are continuing to engage with Home Office colleagues
as they take forward the review of the
NRM.

A group will be set up as part of the Strategy to look
at how data is gathered.

In addition, section 38 of the 2015 Act allows for a
duty to be placed on named Scottish public authorities to
notify and provide information on victims of trafficking
and exploitation. This will help to address any gaps in the
collection of data and is being taken forward in
conjunction with stakeholders.

As part of that discussion we will consider whether the
duty to notify can encompass the collection of information
on the protected characteristics.

The 2015 Act's provisions at s11 and s12 should have a
positive impact for children. Both the s11 legal
entitlement for eligible children to have an independent
child trafficking guardian and the s12 provision on
presumption of age should help to ensure that young people
whose age is uncertain benefit from additional protection
until such times that an assessment of age has been
conducted. The strategy is helping to ensure that
LA apply section
12 and the age assessment guidance is currently being
reviewed to help improve the process of assessment. The
impact of this will mean more young people are safeguarded
and have a fair opportunity to be protected and
assessed.

The Lord Advocate's Instructions provide additional
protection for children, as this considers that a child
cannot consent to their own exploitation so provides clear
instruction, if there is evidence that a child was
trafficked, that this a strong presumption against
prosecution. The impact of the strategy will help to ensure
that more young people (who may have previously been
prosecuted) are safeguarded and have an opportunity to fair
processes and procedures.

Disability

No known statistics re this characteristic, however,
learning disabilities and mental health issues may make
people more vulnerable to becoming victims of trafficking
and exploitation.

See comments above re protected characteristics

Sex

NRM
statistics for 2016 indicate that females and males are
equally likely to be victims of trafficking and
exploitation (75 female and 75 male).

However this has changed over the past couple of
years

2013 - 65 female; 34 male

2014 - 62 female; 49 male

2015 - 71 female; 74 male

Generally speaking females are more likely than males to
be trafficked for the purposes of domestic servitude and of
sexual exploitation. Males are more likely than females to
be trafficked for the purposes of labour exploitation.

See comments above as regards views on reliability of
figures.

NRM
Statistics 2013-16

See comments above as regards improving collection of
data.

In addition the Strategy sets out the need for coherent
and tailored support processes which recognise the trauma
that victims have experienced, to facilitate victims'
recovery and build victims' resilience. This will take
account of the different support needs of different
victims.

The service description for victim support sets out that
the service provided should be gender sensitive and take
into consideration requirements such as for a female
interviewer.

Pregnancy and Maternity

No known
NCA/
NRM
stats as regards this characteristic.

However, we know that both
TARA
and Migrant Help have supported women who are pregnant and
that local authorities sometimes become aware through
e.g. their homelessness
services of women who have been trafficked and who are now
pregnant.

In addition, some health boards are developing guidance
and pathways for their maternity services to help staff
members to identify women who have been trafficked and to
support the staff in knowing what to do.

In terms of unaccompanied children, there have been a
small number of cases where the child aged 16-17 has become
pregnant.

Qualitative information gleaned in discussion with
stakeholders

See comments above as regards improving collection of
data.

The service description for the support service for
adult victims from 2017 makes specific reference to the
needs of pregnant women who are victims of trafficking and
to children whose parent(s) is a victim of trafficking.

Gender reassignment

No known
NCA/
NRM
stats as regards this characteristic.

See comments above as regards improving collection of
data.

Sexual orientation

No known
NCA/
NRM
stats as regards this characteristic.

See comments above as regards improving collection of
data.

Race

NCA/
NRM
stats are broken down by
EEA/non
EEA and
by country but not by race

NRM
2016 stats

See comments above as regards improving collection of
data.

Religion or Belief

No known stats re this characteristic.

However, we are aware that Migrant Help and
TARA
make available chaplaincy support to the victims that are
under their care.

See comments above as regards improving collection of
data.

Marriage and Civil Partnership

(the Scottish Government does not require assessment
against this protected characteristic unless the policy or
practice relates to work, for example
HR policies and
practices - refer to Definitions of Protected
Characteristics document for details)

Having considered the data and evidence you have gathered, this
section requires you to consider the potential impacts - negative
and positive - that your policy might have on each of the protected
characteristics. It is important to remember the duty is also a
positive one - that we must explore whether the policy offers the
opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of
their age?

Age

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination, harassment and
victimisation

x

The 2015 Act strengthens the rights of both adults and
children who are victims of trafficking to be protected and
supported. The Act acknowledges that particular
vulnerability can be present due to a person being a child
or due to old age. The Strategy takes forward the practical
implications of that by putting in place tailored support
systems. It also has as its overall aim to eliminate human
trafficking and whilst that will not happen overnight, the
actions set out in the Strategy and the associated Action
Plan take us towards that overall goal.

Advancing equality of opportunity

x

As above.

This limb of the Public Sector Equality Duty gives
particular importance to the proactive addressing of
disadvantage and the encouragement of participation. The
views of survivors of trafficking have been reflected in
the Strategy and will be sought as implementation is taken
forward.

In relation to age, the duty would expect to see
child-centred practice and communication skills as well as
a particular emphasis on building social connections for
children and young people.

Promoting good relations among and between different age
groups

x

There is no specific aim within the Strategy to bring
adults and children together beyond family groups
etc. However, particularly
with regard to addressing the conditions that foster human
trafficking, there could be opportunities for adults and
children to work together on initiatives
e.g. within church or
community groups

Do you think that the policy impacts disabled
people?

Disability

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination, harassment and
victimisation

x

Disabled people are not specifically targeted by this
policy, but insofar as any victim of human trafficking will
be provided with support and protection their interests the
impact will be positive. The Act upon which the strategy is
based ensures this by acknowledging that particular
vulnerability can be present due to a person having a
disability.

Advancing equality of opportunity

x

As above

Promoting good relations among and between disabled and
non-disabled people

x

Nothing specifically set out in the Strategy around
this

Do you think that the policy impacts on men and women in
different ways?

Sex

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

The Strategy sets out that the provision of support
should take a gender sensitive approach and that equivalent
services should be available to both men and women. Support
services will be tailored to the needs of the victim,
reflecting their differing experiences.

As our data collection and knowledge base grows through
stakeholder engagement, we will be able to identify if
there are specific areas (geographical and other) where
efforts to address gender inequality issues could be
specifically targeted.

We are working with colleagues who lead on the Equally
Safe programme of work to ensure that our work is aligned
with theirs as far as possible.

Advancing equality of opportunity

x

As above.

Promoting good relations between men and women

x

Do you think that the policy impacts on women because of
pregnancy and maternity?

Pregnancy and Maternity

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

The Strategy takes account of the situation of pregnant
women and mothers who are trafficked, which the recent Anti
Trafficking Monitoring Group report Time to Deliver had
highlighted as an omission from existing policy and
legislation.

As set out above, the service delivery specification
will also take the situation of pregnant women into
account.

Advancing equality of opportunity

x

Promoting good relations

x

Do you think your policy impacts on transsexual
people?

Gender reassignment

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

Not specifically but insofar as any victim of human
trafficking will be provided with support and
protection.

Advancing equality of opportunity

x

Promoting good relations

x

Do you think that the policy impacts on people because of
their sexual orientation?

Sexual orientation

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

Not specifically but insofar as any victim of human
trafficking will be provided with support and
protection.

Advancing equality of opportunity

x

Promoting good relations

x

Do you think the policy impacts on people on the grounds of
their race?

Race

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

Not specifically but insofar as any victim of human
trafficking will be provided with support and
protection.

Advancing equality of opportunity

x

Promoting good race relations

x

Do you think the policy impacts on people because of their
religion or belief?

Religion or belief

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

Not specifically but insofar as any victim of human
trafficking will be provided with support and
protection.

Advancing equality of opportunity

x

Promoting good relations

x

Do you think the policy impacts on people because of their
marriage or civil partnership?

If, following the impact analysis, you think you have identified
any unlawful discrimination - direct or indirect - you must
consider and set out what action will be undertaken to mitigate the
negative impact. You will need to consult your legal team in
SGLD at
this point if you have not already done so.

Have positive or negative impacts been identified for
any of the equality groups?

Positive impacts for gender and age in that tailored
support systems reflecting the different needs will be put
in place.

Positive impacts for other protected characteristics
more generically in that any victims of trafficking will be
provided with support and protection.

Is the policy directly or indirectly discriminatory
under the Equality Act 2010
[3]?

No.

If the policy is indirectly discriminatory, how is it
justified under the relevant legislation?

If not justified, what mitigating action will be
undertaken?

Describing how Equality Impact analysis has shaped the
policy making process

No changes have been made to the policy, as we have worked
closely with stakeholders in its development and their comments
have helped identify equalities issues.

The remit of the group that will be established to look at
data collection will include considering whether we need to
strengthen the systems with regard to equalities issues.

We are aware that providing effective and tailored support to
victims of trafficking could mean that costs will rise. We will
monitor this going forward.

However, the provision of effective and tailored support will
also lead to improved outcomes for victims.

Monitoring and Review

The Strategy will be supported by an Action Plan, which will be
taken forward in conjunction with stakeholders. In addition the
Strategy is to be reviewed by Parliament every 3 years and an
EQIA will
be prepared for the review.

Stage 5 - Authorisation of
EQIA

Please confirm that:

This Equality Impact Assessment has informed the development
of this policy:

Yes (X) / No

Opportunities to promote equality in respect of age,
disability, gender reassignment, pregnancy and maternity, race,
religion or belief, sex and sexual orientation have been
considered,
i.e.:

Eliminating unlawful discrimination, harassment,
victimisation;

Removing or minimising any barriers and/or
disadvantages;

Taking steps which assist with promoting equality and
meeting people's different needs;

If the Marriage and Civil Partnership protected
characteristic applies to this policy, the Equality Impact
Assessment has also assessed against the duty to eliminate
unlawful discrimination, harassment and victimisation in respect
of this protected characteristic:

Yes / No / Not applicable (X)

Declaration

I am satisfied with the equality impact assessment that has been
undertaken for the Trafficking and Exploitation Strategy and give
my authorisation for the results of this assessment to be published
on the Scottish Government's website.